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The Fuhrer removes the Orlando State Attorney from office

Discussion in 'Too Hot for Swamp Gas' started by gator_lawyer, Aug 9, 2023.

  1. GatorJMDZ

    GatorJMDZ gatorjack VIP Member

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    It wouldn't be a threat of retaliation without you acknowledging the initial action was an abuse of discretion. Glad to see you coming around...baby steps.
     
  2. Gator715

    Gator715 GC Hall of Fame

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    Regardless of whether the courts got it right, the sad part I take away from this is that nobody views the courts as nonpartisan anymore.

    The new normal is every decision with political implications being dismissed by the other side as politically motivated.

    Trump loses in Manhattan, and the reaction from the left is to not question the rule of law or the prejudices of the court or the jury. The reaction from the right is to pin it entirely on those things.

    DeSantis wins in Florida, and the reaction from the left is entirely pin it on the prejudices of the court. The reaction from the right is to argue from the position of authority: the classic, "the courts agree with DeSantis."

    There's a simple way of solving this, but it'll never happen because it requires the party in power making it more difficult to appoint their preferred judges on the risk that the other side will remove those barriers the second they have power.
     
    Last edited: Jun 8, 2024
  3. Gator715

    Gator715 GC Hall of Fame

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    It would be a threat of retaliation if the person who issued the threat perceives the initial action as an abuse of discretion, which is exactly how gator_lawyer perceives it.

    Boy, you struggle with logic don't you.
     
    Last edited: Jun 8, 2024
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  4. gator_lawyer

    gator_lawyer VIP Member

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    It's a prediction.
     
  5. gator_lawyer

    gator_lawyer VIP Member

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    They're not nonpartisan.
     
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  6. Gator715

    Gator715 GC Hall of Fame

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    Come on. I don't think it's just a prediction. You're not just a spectator on this. You have a dog in that fight.
     
  7. gator_lawyer

    gator_lawyer VIP Member

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    I have no dog on this fight. I'm not going to be governor, and I support local democracy. When you set awful precedents like these, you only encourage the next people to continue on this track. And there will be plenty of folks out for revenge.
     
  8. Gator715

    Gator715 GC Hall of Fame

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    They probably aren't anymore, unfortunately.

    But I'm not sure where we go from here. When the courts are no longer respected as an institution of legal authority, there's really not much left holding the system together. Everything becomes a game of "might is right."

    And don't worry, I'm not pretending like I wasn't doing this two seconds ago with the Manhattan decision. That's precisely my point. We're all doing it now. Right or wrong, it doesn't bode well.
     
  9. Gator715

    Gator715 GC Hall of Fame

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    That's the politically correct answer, but respectfully I don't believe that.

    You may not want to put yourself out there in supporting retaliation, but you certainly have no interest in stopping it. You're more likely to pressure the people trying to prevent retaliation than the people threatening to retaliate. That's having a dog in the fight. You're just not publicly endorsing any side.
     
  10. gator_lawyer

    gator_lawyer VIP Member

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    This is a pretty ahistorical view. The greater threat is one side being ready to abandon the democratic process.
    And what have you done to pressure DeSantis not to remove prosecutors he doesn't like?
     
  11. Gator715

    Gator715 GC Hall of Fame

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    God-given rights and the rule of law must pre-exist democracy and are therefore more important.

    Democracy is important as well of course, but it means nothing without rights and the rule of law. Courts and law enforcement are the traditional institutions that recognize rights and enforce the rule of law, respectively.

    I'm not sure you understand my point. My point is that you gave me this whole sanctimonious "holier than thou" routine on principle on the basis that I warned about retaliation from the right, when the reality is we're not so different.

    Do I love retaliation from the right? No. But I'm sure as Hell not going to stop it when it is simply coming in the form that Democrats have chosen by weaponizing the justice system, abolishing the filibuster, etc. It's not unprincipled to hold the other side to their own standard, no matter how much you want to pretend that it is. It's not more unprincipled than to hold a legal argument you personally disagree with, but is recognized by a court, against the opposing party. It's not unprincipled to reap the benefits of rules you otherwise don't like, but have been systematically established.

    You clearly understand this. It would just be nice if you would come out and admit it.
     
  12. gator_lawyer

    gator_lawyer VIP Member

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    Again, this is ahistorical. The Supreme Court was a weak institution for a large chunk of our history. The prevailing view during the founding generation was not that the courts were the guardians of our rights. The people were.
    I don't support wannabe authoritarians like DeSantis. You do. I don't support a wannabe despot like Trump. You do. I am "holier than thou."
     
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  13. Gator715

    Gator715 GC Hall of Fame

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    While it is true that the Supreme Court was a weak institution for a large chunk of our history, democracy has never been the great defender of rights, and there is evidence the founders didn't see it that way either. The power of the populace is hedged by all sorts of things, such as the courts, the power of the states, hybrid representations of the populace and the states in the form of the electoral college, etc.

    If the people were the great guardians of rights, all it would take for slavery to be permissible is slavery being popular. The courts may not be perfect, but at least it's their legal and professional duty to recognize rights and treat Constitutional rights as the Supreme Law of the Land, even if it goes against democratic sentiment.


    Authoritarian: "of, relating to, or favoring a concentration of power in a leader or an elite not constitutionally responsible to the people."

    Definition of AUTHORITARIAN

    You support Alvin Bragg, you support Jack Smith, you support Merrick Garland, and you support the President who appointed Merrick Garland. You support a President who has openly dismissed the legitimacy of the Supreme Court. You support a President who prides himself on governing in a manner that disregards their rulings and therefore, the rule of law. You support a regime actively trying to rig an election by incarcerating their arch-rival who happens to be the frontrunner in the 2024 Presidential election. And you support the party responsible for slavery, Jim Crow, and an administrative state (which you still support) not accountable to the people.

    Joe Biden.png
     
  14. gator_lawyer

    gator_lawyer VIP Member

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    What a pathetic argument. First, Republican SCOTUS twisted the law to strike down loan forgiveness. Yet, Biden didn't ignore them, despite the fact that he was elected by the people in part because of that promise. Instead, he changed how he went about providing loan forgiveness to do so in a way that is obviously legal. Swing and a miss #1.

    You throw a tantrum over Trump being held accountable for his crimes. But running for President doesn't immunize you from prosecution. Trump is not above the law. He received due process, and a jury of his peers convicted him of 34 felonies. Wanting powerful politicians to be above the laws that bind the rest of us is consistent with authoritarianism. Thanks for proving my point.

    Finally, your slavery, Jim Crown, etc. crack is hilarious. First, you need to brush up on your history. Slavery existed in America before we were even a country, much less the existence of our modern parties. Second, while the Democratic Party in the South did support Jim Crow, that was when the party was comprised of white conservatives. The Radical Republicans weren't given that nickname because they were radically conservative. The bigoted white conservatives fled the Democratic Party after it supported civil rights and eventually joined the Republican Party, which is now the party of white conservatives. Meanwhile, the vast, vast majority of Black people are Democrats.

    It's frankly sad that Republicans like you have to grasp for what the liberals did when they controlled the Republican Party over 100 years ago. Your party is the party of white conservatives, the heirs to Jim Crow and the Confederacy. Hence why you people throw tantrums when we remove statues honoring the Confederacy and love to wave Confederate flags. Swing and a miss #2.

    Finally, the administrative state is controlled by the President, an elected official. I put far more stock in a system that is democratically accountable than Republican SCOTUS inventing new law that gives them the power over executive policy. I can't vote out Clarence Thomas or Neil Gorsuch. I can vote out the President. I prefer the President having the power to make executive policy to Clarence Thomas and Neil Gorsuch having that power. Swing and a miss #3. You're out.
    The Supreme Court has been horrendous at protecting our rights. The people ended slavery. The Supreme Court upheld it. I don't think you could have thought of a worse example if you tried.
     
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  15. Gator715

    Gator715 GC Hall of Fame

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    Nancy Pelosi disagrees.

    "People think that the President of the United States has the power for debt forgiveness. He does not. He can postpone. He can delay. But he does not have that power. That has to be an act of Congress."

    Supreme Court uses Nancy Pelosi words to overturn student loan cancellation

    Then retaliation should not bother you in any way. It is consistent with your standards and is simply reaping the benefits of standards the right may disagree with, but are systematically set.

    The Democratic Party in the South supported slavery. Spin all you want.

    Interesting, if liberals ran the Republican Party 100 years ago why do the liberals of today support Democrats of 100 years ago like Woodrow Wilson and FDR?

    The only switch that happened with respect to racism is that Democrats switched from the party of pro-White racism to the party of anti-White racism.

    Most Republicans today don't care about someone's skin color. They strive for a culture of "color-blindness" where people don't care or consider someone else's race. While it is now mainstream progressive dogma that Black people cannot be racist and White people are inherently racist. Democrats think race is everything and is central to one's identity. Republicans think it's melanin levels and mostly inconsequential to one's identity.

    So much nonsense here.

    Democrats treat SCOTUS like a super-legislature in using it to unilaterally enshrine gay marriage (redefining marriage) and abortion into law. Then have the audacity to suggest that's the way Republicans treat it for simply coming out with decisions you don't like. It's gaslighting on absurd levels.

    For goodness sakes, you condemned the Dobbs decision which is a case that specifically made abortion more democratic. It put it back in the hands of the legislature, yet you hate it. Why? Not because the Constitution actually protects abortion (it doesn't). You like the court acting as a super-legislature when it rules in your favor, such as on issues like abortion.

    As far as your view of the administrative state, yeah, that is an unbelievably naive way of looking at it. It's just another way for politicians to pass the buck. And the vast majority of Americans see this.

    The people allowed slavery and the people ended slavery. You live by the sword and die by the sword I guess.

    Remind me, was Brown v. Board of Education before or after the end of Jim Crow?

    Again, at least the Court has a duty to recognize rights and interpret where they begin and end. Most "people" can't name them let alone interpret their scope based on historical context. So it is completely irrational to suggest that democracy is the chief "guardian of rights." Democracy can exist without rights (apart from perhaps the right to vote), it just wouldn't be particularly good or useful. A democratic society without cultural fabric, coherent values, or any sort of binding moral principles is not much prettier than an undemocratic society without these things. That's why rights must pre-exist democracy. And no, the court doesn't always get it right. In fact, they get it wrong an awful lot. But at least it's their job to get it right. If the people want to vote for a candidate with no respect for the Constitution, or our nation's founding principles, that's their prerogative. And that's the difference.
     
    Last edited: Jun 8, 2024
  16. gator_lawyer

    gator_lawyer VIP Member

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    Nancy Pelosi's opinion is irrelevant. She's neither the President nor a legal scholar.
    Weird that you think the idea of enforcing our laws is premised on "retaliation."
    And? White, Southern conservatives are now Republicans.
    I said over 100 years ago. And Woodrow Wilson was a virulent racist. I despise that guy. The only person I know who loves Woodrow Wilson is a huge Trump supporter.
    LOL. That's actually quite a significant shift considering you claimed the Democrats are the party of Jim Crow and slavery. Thanks for defeating your own argument.
    LOL.
    Just want to make sure I understand you correctly, you're appealing to the Warren Court as your example of the Supreme Court as a good institution and the guardian of our rights?
     
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  17. Gator715

    Gator715 GC Hall of Fame

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    Okay. You're a lawyer. Answer me this: which branch of government has the authority to tax and spend for the general welfare?

    Okay. If it isn't, why do you care?

    As I later mentioned. The Democratic Party went from the party of pro-White racism, to the party of anti-White racism.

    That does not necessarily suggest that the Republican Party became the party of pro-White racism.

    Woodrow Wilson served over 100 years ago and well before the civil rights movement. You like the administrative state he paved the way for. He was also ranked ahead of Ronald Reagan in this ranking issued by Poli Sci experts.

    Worth noting that Donald Trump was dead last in this ranking. Both Biden and Wilson were ahead of Ronald Reagan. Obama was in the top ten. FDR was #2, ahead of George Washington. You tell me whether these "experts" surveyed were left-leaning or right-leaning.

    Presidential Greatness Ranked by Political Science Experts - by Carly Winchell - Ark Valley Voice

    I'm appealing to the Brown v. Board of Education decision to highlight that where rules democratically issued don't necessarily respect rights, it is the role and duty of the Supreme Court to stop them when they don't respect rights.

    Again, at least the Court has a duty to recognize rights and interpret where they begin and end. Most "people" can't name them let alone interpret their scope based on historical context. So it is completely irrational to suggest that democracy is the chief "guardian of rights." Democracy can exist without rights (apart from perhaps the right to vote), it just wouldn't be particularly good or useful. A democratic society without cultural fabric, coherent values, or any sort of binding moral principles is not much prettier than an undemocratic society without these things. That's why rights must pre-exist democracy. And no, the court doesn't always get it right. In fact, they get it wrong an awful lot. But at least it's their job to get it right. If the people want to vote for a candidate with no respect for the Constitution, or our nation's founding principles, that's their prerogative. And that's the difference.
     
    Last edited: Jun 8, 2024
  18. gator_lawyer

    gator_lawyer VIP Member

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    Congress, the branch that explicitly delegated to the Executive the right to forgive student loan debt during national emergencies. And that is the source of authority Biden and co. used.
    Because I want to live in a society where the rich and powerful must abide by the same laws as the rest of us.
    It necessarily suggests that Democrats can't be the party of pro-white racism lol.
    Ronald Reagan was also a shitty racist. I like the Constitution that a bunch of slaveowners created. Doesn't mean I like slavery.
    Who cares?
    You forget the part where the Supreme Court enabled segregation for the nearly 100 years before that. And even with Brown v. Board, it took a movement by the people to actually end segregation. In fact, Brown was a product of a movement by the people. The Supreme Court has not been a reliable guardian of our rights. We'll be just fine if we weaken that political institution.
    The Constitution binds all branches of our governments. All have a duty to act according to it. The idea that we need the Supreme Court to be the enforcer of rights is not inherent in our Constitution. We the People are ultimately responsible for safeguarding our rights. The Supreme Court has more than proven we can't count on it.

    It's a political institution. And right now, it's a rotten institution. People were just fine with a right-leaning Supreme Court for decades. But this far-right group of politicians decided to overreach. And like with the Lochner Court, they are creating political blowback. I have no qualms about stripping power away from these politicians, particularly because these politicians have gone out of their way to take power from the elected branches.

    Our country can more than survive a much weaker Supreme Court. It has done so repeatedly throughout our history.
     
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  19. Gator715

    Gator715 GC Hall of Fame

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    Even assuming that’s a legitimate delegation of authority, which I don’t think it is, what “national emergency” is Biden using that warrants debt forgiveness? The pandemic?

    He can’t have it both ways. He can’t on one hand say the economy is flourishing, while on the other justify student debt forgiveness as late as May 2024 because we’re still recovering from the pandemic.

    Biden-Harris Administration Announces Additional $7.7 Billion in Approved Student Debt Relief for 160,000 Borrowers | U.S. Department of Education
     
  20. gator_lawyer

    gator_lawyer VIP Member

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    Congress determines what is and isn't an acceptable delegation. And it made the delegation. The national emergency was COVID at the time Biden used that source of power.
    You understand that I was talking about his loan forgiveness Republican SCOTUS blocked, right? He's using different sources of power now.